Authoritarian Legality in China

Authoritarian Legality in China PDF

Author: Mary E. Gallagher

Publisher: Cambridge University Press

Published: 2017-09-07

Total Pages: 271

ISBN-13: 110708377X

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This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.

Law and the Party in Xi Jinping's China

Law and the Party in Xi Jinping's China PDF

Author: Rogier J. E. H. Creemers

Publisher: Cambridge University Press

Published: 2021-01-07

Total Pages: 287

ISBN-13: 1108836356

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Provides an in-depth study of the ideological and organisational features of China's legal system, as it is embedded in the Party-state.

Chinese Legality

Chinese Legality PDF

Author: Shiping Hua

Publisher: Taylor & Francis

Published: 2022-12-30

Total Pages: 266

ISBN-13: 1000826600

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Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.

China's Long March Toward Rule of Law

China's Long March Toward Rule of Law PDF

Author: Randall Peerenboom

Publisher: Cambridge University Press

Published: 2002-09-26

Total Pages: 700

ISBN-13: 9780521016742

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China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

Bird in a Cage

Bird in a Cage PDF

Author: Stanley B. Lubman

Publisher: Stanford University Press

Published: 1999

Total Pages: 464

ISBN-13: 9780804743785

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This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Chinese Law: Context and Transformation

Chinese Law: Context and Transformation PDF

Author: Jianfu Chen

Publisher: Martinus Nijhoff Publishers

Published: 2015-12-22

Total Pages: 792

ISBN-13: 9047423437

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This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China.

Modern Chinese Legal Reform

Modern Chinese Legal Reform PDF

Author: Xiaobing Li

Publisher: University Press of Kentucky

Published: 2013-02-15

Total Pages: 316

ISBN-13: 0813141214

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China's rapid socioeconomic transformation of the past twenty years has led to dramatic changes in its judicial system and legal practices. As China becomes more powerful on the world stage, the global community has dedicated more resources and attention to understanding the country's evolving democratization, and policymakers have identified the development of civil liberties and long-term legal reforms as crucial for the nation's acceptance as a global partner. Modern Chinese Legal Reform is designed as a legal and political research tool to help English-speaking scholars interpret the many recent changes to China's legal system. Investigating subjects such as constitutional history, the intersection of politics and law, democratization, civil legal practices, and judicial mechanisms, the essays in this volume situate current constitutional debates in the context of both the country's ideology and traditions and the wider global community. Editors Xiaobing Li and Qiang Fang bring together scholars from multiple disciplines to provide a comprehensive and balanced look at a difficult subject. Featuring newly available official sources and interviews with Chinese administrators, judges, law-enforcement officers, and legal experts, this essential resource enables readers to view key events through the eyes of individuals who are intimately acquainted with the challenges and successes of the past twenty years.

Chinese Law in Imperial Eyes

Chinese Law in Imperial Eyes PDF

Author: Li Chen

Publisher: Columbia University Press

Published: 2015-12-22

Total Pages: 417

ISBN-13: 0231540213

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How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.

Legal Orientalism

Legal Orientalism PDF

Author: Teemu Ruskola

Publisher: Harvard University Press

Published: 2013-06-03

Total Pages: 358

ISBN-13: 0674075781

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Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.